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HomeMy WebLinkAbout10.04.04 Council Minutes COUNCIL MINUTES REGULAR October 4, 2004 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7 :00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Ristow, Cordes, Fitch, Fogarty, Soderberg None Andrea Poehler, City Attorney; David Urbia, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Jim Atkinson, Assistant City Planner; Cynthia Muller, Executive Assistant David Pritzlaff, Mike Zitek, David McKnight, Dan Iverson, Kevin O'Brian, Paul Hardt, James Munro, John Anderson, Leon Orr 4. APPROVE AGENDA Councilmember Cordes pulled item 7a) Approve Council Minutes (9/20/04 Regular) to abstain from voting. City Administrator Urbia added a supplemental item for 7e) adding three new election judges to the list. MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. s. ANNOUNCEMENTS a) Introduce New Employee - Solid Waste Mr. Mike Gulla was introduced as the new Solid Waste Operator. 6. CITIZEN COMMENTS Mr. Paul Hardt, 1117 Bristol Lane, Vice-Chair of the Housing and Redevelopment Authority, noted an issue will be discussed in the budget workshop he wanted to comment on. One proposal is for an Economic Development Specialist. The HRA has discussed this position and reached an informal consensus that this would be a very good position to add to the Community Development Department. He noted the City's website has really improved over the last few months. One item that has really improved is the listing of commercial property that is available. The HRA feels this is exactly one of the things that need to be done to help promote commercial development. There were many Council Minutes (Regular) October 4, 2004 Page 2 questions at the candidate meeting regarding the rate of development in the City. The HRA feels it is time the City took some of their resources and dedicated them to economic development in the City. There are many projects this position could take on such as further improving the website and aggressively going out after businesses and bringing them into the City. It is one of the few positions the City could add that could actually bring money into the City. The HRA hoped the Council would seriously consider this position in the budget workshop tomorrow. 7. CONSENT AGENDA MOTION by Soderberg, second by Fogarty to approve the Consent Agenda as follows: b) Adopted RESOLUTION R76-04 Approving Gambling Event Permit- Administration c) Adopted RESOLUTION R77-04 Accepting Donation to Park Improvement Fund - Parks and Recreation Councilmember Soderberg thanked Anchor Bank for their donation. d) Accepted Resignation Heritage Preservation Commission - Administration e) Adopted RESOLUTION R78-04 Appointing Election Judges, General Election- Administration f) Approved School and Conference - Fire Department g) Approved School and Conference - Fire Department h) Received Information Capital Outlay - Parks i) Approved Agreement with Park Planning Consultant - Parks and Recreation j) Accepted Resignation Finance - Human Resources k) Approved Assessment Methodology and Agreements - Southeast Trunk Utility Project - Engineering I) Approved Easement Acquisition - Southeast Trunk Utility and Pond Project - Engineering m) Approved Bills APIF, MOTION CARRIED. MOTION by Fogarty, second by Soderberg approving Council Minutes (9/20/04 Regular). Voting for: Ristow, Fogarty, Soderberg. Abstain: Cordes, Fitch. MOTION CARRIED. 8. PUBLIC HEARINGS a) Sealcoat Project Assessment Hearing - Engineering The 2004 sealcoat project is completed. The total project cost is $140,276.21. The proposed assessment amount based on the City's policy of splitting the cost 50/50 with the property owners is $66.67 per buildable lot. The City's amount is $70,138.11. The City will be entering into the Joint Powers Agreement for sealcoating again next year. Mr. Kevin O'Brian, 18870 Elgin Avenue, stated he has lived here for four years and this is new to him. He has never had to pay for roads. He asked if this is the first year this is being done. Council replied it is done on a 7-year cycle. Mr. O'Brian asked if there were bids and ifhe could receive a copy. Staff replied the Council Minutes (Regular) October 4, 2004 Page 3 process was to enter into a Joint Powers Agreement with Bumsville. Burnsville bids the project and includes the cities that want to go in with them as part of the project. Bumsville actually took the bids for the project and then all of the cities participating in the Joint Power Agreement got the same contractor with the same low bid. Mr. O'Brian stated they had a lot of truck traffic on I 87th Street and asked what effect that had on the road. He asked if the construction companies are also helping out with this. With all of the truck traffic, the roads will not last 7 years. Staff replied the improvement is to provide a seal to keep the water out and to minimize or reduce the amount of deterioration due to the freeze-thaw cycle. As far as the truck traffic, and the weight on the roads, that is not something the sealcoat addresses. The more loads on the road, the more they deteriorate. The City does not have a mechanism to recoup any amount from any particular individual. Roads have to be designed with a pavement strength that has an economic balance between how much the road costs and how much truck traffic there will be. Attorney Poehler replied there are no options at this time. As part of the development, it can be designated what route the trucks take. Staff stated when road restrictions are not on, and until a weight limit is posted, it cannot be enforced. They are urged to use the shortest route and not go through neighborhoods. MOTION by Soderberg, second by Cordes to close the public hearing. APIF, MOTION CARRIED. MOTION by Cordes, second by Soderberg to adopt RESOLUTION R79-04 adopting the assessment roll for the 2004 Seal Coat project. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Dakota County 2005-2009 CIP - Engineering Last year Dakota County instituted a new policy that City's adopt a resolution for projects they would like to have requested in the County's CIP. The projects identified were: - Ash Street from the railroad tracks to TH3 - CR64 (19Sth Street) from the current easterly terminus in Autumn Glen to TH3 - CSAH 50 (Elm Street) from Division Street to TH3 - 208th Street from the Middle School to TH3 - Pilot Knob Road from CSAH SO to Ash Street - 195th Street from Flagstaff to Cedar Avenue - Traffic signals along Pilot Knob Road Staff has received a draft of the County's CIP. Of these projects CSAH 50 from Division Street to TH3 is the only project that has been included for 2005. The County has identified 19Sth Street from Flagstaff to Cedar Avenue in 2009. Councilmember Soderberg noted the County is proposing the Elm Street project over two years. The funding from the State will be distributed in a way that it will Council Minutes (Regular) October 4, 2004 Page 4 need to be done over two years. Staff will verify this and how it will be phased. MOTION by Soderberg, second by Fogarty adopting RESOLUTION RSO-04 requesting inclusion of construction projects in the Dakota County 200S-2009 CIP. APIF, MOTION CARRIED. b) Adopt Ordinance - Erosion Control- Community Development The City proposed to revise the code to establish erosion control measures to comply with new MPCA requirements. Currently the City does mandate erosion control during the construction project, but there is nothing after construction is completed. The Planning Commission recommended approval with two minor changes that are not included. Engineering reviewed the changes after the meeting and felt they did not have a big effect on the ordinance. The first change is to change "wood fiber blankets" to "erosion control blankets." The second change was to change "mulching" to "hydro-mulching." Staff recommended they not be changed and stay with the original ordinance. Councilmember Cordes noted it does not give the size of the soil surface. Staff noted it states if substantial growth is removed. This addresses projects that are left unfinished for a long period of time. Councilmember Cordes was concerned that it was left to interpretation. Staff stated they are not looking for minor projects, but it provides a tool to enforce the major projects. Staff is trying to prevent significant amounts of soil from flowing into the street and storm sewers and into the ponds. MOTION by Fitch, second by Cordes adopting ORDINANCE 004-520 requiring property owners and contractors to implement erosion control measures when landscaping, excavating, or filling. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Adopt Resolution - Comprehensive Plan Amendment Regarding Existing and Proposed Park, Trail and Open Space Plan Map - Parks and Recreation Staff proposed to amend this map based on property that has been designated to receive MUSA. The map showed the different locations of proposed trails and parks. Properties included Garvey, Empey, Cahil1/Rother and Murphy (now owned by Tim Giles Construction). MOTION by Fogarty, second by Soderberg adopting RESOLUTION RS1-04 approving the amendments identified for future park and trail locations to the Existing and Proposed Park, Trails and Open Space Plan Map. APIF, MOTION CARRIED. b) Approve Thoroughfare Plan - Community Development The Thoroughfare Plan changes are related to the MUSA process. It covers the area east of Akin Road and south of 19Sth Street. The initial draft showed two north/south roads and three intersections onto Akin Road. A number of residents expressed concerns about this draft due to adding more traffic onto Akin Road and if one of the 19Sth Street connections were necessary. Staff develo~ed a revised plan showing a future connection of 19Sth Street to Hwy 3, 208t Street connection to Hwy 3, and there is a north/south road with no driveway access that would eventually connect with Diamond Path. Another major change is Akin Road by 208th Street. There will be a new intersection where traffic coming south Council Minutes (Regular) October 4, 2004 Page 5 on Akin Road would take a left and go along the south side of Farmington Lutheran Church. There would be an intersection where traffic could go north on the north/south road or go south on Akin. This would necessitate closing Akin Road north of this area and creating a cul-de-sac. Staff took out the 198 Street connection to Akin Road. There is a plat for the Manley development where a local street connection could be possible, but it would not be a collector street. There is a concept plan for the Manley property and the Giles property. They are wondering where the roads will go and they are discussing how they will pay for them. Councilmember Fitch asked about the closing of Akin Road and forming a cul-de- sac and if that would not happen until development occurs. Staff agreed, which could be at least three years. Councilmember Fitch stated we are also short on north/south roads as well as east/west roads and did not like to see a north/south road (Akin Road) closed off. He did like the revised plan much better than the original plan. One of the new alignments would connect with Embers Avenue at 19Sth Street. Staff feels traffic will take 19Sth Street to reach Pilot Knob or the new north/south road. Councilmember Cordes was concerned with this intersection and also 189th Street. She felt it was taking one road and alleviating traffic, but still putting more traffic on neighborhood roads. Closing off Akin eliminates one problem, but it adds more traffic to two other roads. She asked how residents were notified. There were two public hearings and these were noticed in the paper. City Engineer Mann stated the County has intersection spacing guidelines, so staff is somewhat locked into lining up with Embers Avenue based on these guidelines. The intersections shown on the plan meet the County's standards. Councilmember Cordes would like to have a workshop to discuss this. Transportation plans are a high priority and felt it deserves attention. Staff noted Manley Land Development has a preliminary plat under review. There would be a question ifthey held a public hearing and the plat showed roads that were consistent with a draft thoroughfare plan. If the thoroughfare plan gets changed, and the plat was approved, what impact does that have? Staff might have to deny the plat and have them re-apply when the thoroughfare plan is approved. Staff would be willing to have a workshop, bring Planning Commission members, developers, and the traffic engineer. Councilmember Soderberg stated Akin Road would not be cut-off, it would create a different intersection to get to Akin Road, it would still remain open. Staff agreed, it would still be a through street, but there would be a couple oftums. He felt the north/south road made a great deal of sense. He liked the connection to 198th Street shown on the initial draft and felt it provided an opportunity to get to the north/south road. He felt the plan was a great start. Councilmember Fo~arty noted at the beginning of development everything would be going onto 195t Street. She asked if engineering was comfortable with that as 195th is not extended to TH3. Staff replied it is more an issue of public safety. As the Council Minutes (Regular) October 4, 2004 Page 6 projects come in, it needs to be decided how far development can go with the accesses that are available. She thought 198th Street could take some traffic off of Embers Avenue, especially as 195th Street goes through to TH3. The extension of 195th Street will go along the outside of the athletic complex. There would be several ways to exit an area that would have high levels of traffic at specific periods of time. She asked if the extension to Diamond Path would be going through the middle ofthe park. Staff replied there could be an underpass, or a controlled intersection. Councilmember Soderberg noted the primary focus right now is on the area between 195th Street and 208th Street due to plat activity. Councilmember Fitch did not feel there were enough east/west connections. Mr. James Munro, Embers Avenue, did not think they needed any more traffic on Embers Avenue, unless the City wanted to explain to his kids what a minor collector is. He cannot get his kids across the street. No more traffic on Embers. The traffic on there now cannot be controlled. There will be quite a few houses lined up with Embers, how many more cars will that bring down Embers Avenue. He has called the police several times because of speeders, nothing changes. Councilmember Soderberg was prepared to approve the plan. Mayor Ristow wanted to discuss it further at a workshop. Councilmember Soderberg noted the Manley plat has come to Council with one access. If it comes again with one access he will not approve it. Staff noted Manley Development has been discussing with Giles Construction to develop the north/south road to provide access. Councilmember Fitch stated he would like to meet with the traffic engineer and one or two members of the Planning Commission in the workshop. He felt they were encouraging the traffic from the Manley Development onto 195th Street and possibly to Embers Avenue. With another east/west connection more of the traffic could be diverted to Akin Road and even Pilot Knob. Councilmember Fogarty would rather see developers work on extending 203rd Street. City Administrator Urbia stated there is a MUSA Committee meeting on October 20, and suggested having a joint Counci1/MUSA Committee workshop. However, Council would not be able to act on this until the November 1 Council Meeting. Councilmember Fitch stated if they can come to a consensus, a Special Meeting could be called. The issues addressed at the workshop will be wetland issues related to the intersection of Devon port and Akin, the usefulness of I 98th Street connection to the Manley froperty, the location ofa road out of the Manley property that intersects with 195 (whether it should be across from Embers or offset), if the 203rd Street connection is possible with this development, and estimates of volume increases on Embers Avenue. Discussion will be held at the beginning of the meeting with it noted that a Special Council Meeting will follow. MOTION by Fogarty, second by Cordes to table this to the October 20, 2004 workshop. APIF, MOTION CARRIED. 12. NEW BUSINESS Council Minutes (Regular) October 4, 2004 Page 7 13. COUNCIL ROUNDTABLE Councilmember Fogarty: There will be a candidate forum on October 7 at Trinity Campus at 7:00 p.m. She encouraged residents to attend. City Engineer Mann: There will be a neighborhood meeting October 11, at the Maintenance Facility from 6:00 - 8:30 p.m. It will be an open house to provide residents an opportunity to comment on the aesthetics for the Spruce Street bridge. All boards and commissions have also been invited. There was a meeting last Friday with environmental agencies to discuss the Knutson development. Staff received some direction, but still need to work out some issues. The agencies are willing to work with the City. 14. ADJOURN MOTION by Cordes, second by Soderberg to adjourn at 8:57 p.m. APIF, MOTION CARRIED. Respectfully submitted, S7/VV-"7~~ h~J-k6J Cynthia Muller Executive Assistant